The Supreme Court of B.C. has dismissed a defamation lawsuit launched by a developer against a Vancouver Island environment group tied to public debate over a development proposal.
Justice Jan Brongers dismissed all allegations agains the Qualicum Nature Preservation Society (QNPS) and its president on Aug. 8. A four day dismissal hearing was held in February.
The suit, brought forward by Richard Todsen, Linda Todsen and Todsen Design & Construction Ltd, pertained to 24 statements made in relation to a pending Town of Qualicum Beach bylaw amendment and zoning approval. The amendment would permit higher density development within Qualicum BeachB次元官网网址檚 Estate Residential Area.
Justice Brongers said he did not find Ezra Morse, QNPS president, was actuated by malice when he expressed his opinions, nor did he find the Todsens were actuated by malice when they responded with their claim.
B次元官网网址淩ather, the situation here is fundamentally one where two parties have strong opposing views about the merits of a proposed land development and its potential impact on the environment,B次元官网网址� Brongers said in the court document.
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B次元官网网址淭his dismissal application was an important test for BCB次元官网网址檚 anti-SLAPP law,B次元官网网址� said Chris Tollefson, legal counsel for Morse, in a news release. B次元官网网址淛ustice BrongersB次元官网网址� decision should reassure the public that our courts will safeguard their rights to democratic expression on matters of public interest as long as they are exercised in an honest and responsible manner.B次元官网网址�
QNPS and Morse claimed their right to democratic expression was protected under the Protection of Public Participation Act (PPPA) and, in July 2021, applied to have the lawsuit dismissed as a Strategic Lawsuit Against Public Participation, or SLAPP B次元官网网址� lawsuits intended to silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
B次元官网网址淭his legislation, enacted unanimously by the BC Legislature in 2019, restores the primacy of community discussion in municipal affairs,B次元官网网址� said Jason Gratl, counsel for QNPS, in a news release. B次元官网网址淧roject proponents who feel their projects are beyond criticism cannot leverage the courts to shut down democratic debate.B次元官网网址�
Linda Todsen told the PQB B次元官网网址, in an email, the Todsens were not at liberty to comment at this time, as the matter is still with their lawyers.
B次元官网网址淚 will share our story and our experience with you at a more appropriate time,B次元官网网址� Todsen said.
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